[Previous] [Next]
§21-1290.12.
§21-1290.12.
PROCEDURE FOR APPLICATION
A. The procedure for applying for a concealed handgun license and
processing the application shall be as follows:
1. An eligible person may request an application packet for a
concealed handgun license from the Oklahoma State Bureau of
Investigation or the county sheriff's office either in person or by
mail. The Bureau may provide application packets to each sheriff not
exceeding two hundred packets per request. The Bureau shall provide
the following information in the application packet:
a. an application form,
b. procedures to follow to process the application form, and
c. a copy of the Oklahoma Self-Defense Act with any modifications
thereto;
2. The person shall be required to successfully complete a firearms
safety and training course from a firearms instructor who is approved
and registered in this state as provided in Section 1290.14 of this
title, and the person shall be required to demonstrate competency and
qualification with a pistol authorized for concealed carry by the
Oklahoma Self-Defense Act. The original certificate of training shall
be submitted with the application for a handgun license. No duplicate,
copy, facsimile or other reproduction of the certificate of training
or exemption from training shall be acceptable as proof of training as
required by the provisions of the Oklahoma Self-Defense Act. A person
exempt from the training requirements as provided in Section 1290.15
of this title must show the required proof of such exemption to the
firearms instructor to receive an exemption certificate. The original
exemption certificate must be submitted with the application for a
handgun license when the person claims an exemption from training and
qualification;
3. The application form shall be completed and delivered by the
applicant, in person, to the sheriff of the county wherein the
applicant resides;
4. The person shall deliver to the sheriff at the time of delivery of
the completed application form a fee of One Hundred Dollars ($100.00)
for processing the application through the Oklahoma State Bureau of
Investigation and processing the required fingerprints through the
Federal Bureau of Investigation. The processing fee shall be in the
form of:
a. a money order or a cashier's check made payable to the Oklahoma
State Bureau of Investigation, or
b. by a nationally recognized credit card issued to the applicant. For
purposes of this paragraph, "nationally recognized credit card" means
any instrument or device, whether known as a credit card, credit
plate, charge plate, or by any other name, issued with or without fee
by the issuer for the use of the cardholder in obtaining goods,
services, or anything else of value on credit which is accepted by
over one thousand merchants in the state. The Oklahoma State Bureau of
Investigation shall determine which nationally recognized credit cards
will be accepted by the Bureau.
The processing fee shall not be refundable in the event of a denial of
a handgun license or any suspension or revocation subsequent to the
issuance of a license. Persons making application for a firearms
instructor shall not be required to pay the application fee as
provided in this section, but shall be required to pay the costs
provided in paragraphs 6 and 8 of this subsection;
5. The completed application form shall be signed by the applicant in
person before the sheriff. The signature shall be given voluntarily
upon a sworn oath that the person knows the contents of the
application and that the information contained in the application is
true and correct. Any person making any false or misleading statement
on an application for a handgun license shall, upon conviction, be
guilty of perjury as defined by Section 491 of this title. Any
conviction shall be punished as provided in Section 500 of this title.
In addition to a criminal conviction, the person shall be denied the
right to have a concealed handgun license pursuant to the provisions
of Section 1290.10 of this title and the Oklahoma State Bureau of
Investigation shall revoke the handgun license, if issued;
6. Two passport size photographs of the applicant shall be submitted
with the completed application. The cost of the photographs shall be
the responsibility of the applicant. The sheriff is authorized to take
the applicant's photograph for purposes of the Oklahoma Self-Defense
Act and, if such photographs are taken by the sheriff the cost of the
photographs shall not exceed Ten Dollars ($10.00) for the two photos.
All money received by the sheriff from photographing applicants
pursuant to the provisions of this paragraph shall be retained by the
sheriff and deposited into the Sheriff's Service Fee Account;
7. The sheriff shall witness the signature of the applicant and review
or take the photographs of the applicant and shall verify that the
person making application for a handgun license is the same person in
the photographs submitted and the same person who signed the
application form. Proof of a valid Oklahoma driver license with a
photograph of the applicant or an Oklahoma State photo identification
for the applicant shall be required to be presented by the applicant
to the sheriff for verification of the person's identity;
8. Upon verification of the identity of the applicant, the sheriff
shall take two complete sets of fingerprints of the applicant. Both
sets of fingerprints shall be submitted by the sheriff with the
completed application, certificate of training or an exemption
certificate, photographs and processing fee to the Oklahoma State
Bureau of Investigation within fourteen (14) days of taking the
fingerprints. The cost of the fingerprints shall be paid by the
applicant and shall not exceed Twenty-five Dollars ($25.00) for the
two sets. All fees collected by the sheriff from taking fingerprints
pursuant to the provisions of this paragraph shall be retained by the
sheriff and deposited into the Sheriff's Service Fee Account;
9. The sheriff shall submit to the Oklahoma State Bureau of
Investigation within the fourteen-day period, together with the
completed application, certificate of training or exemption
certificate, photographs, processing fee and fingerprints, a report of
information deemed pertinent to an investigation of the applicant for
a handgun license. The sheriff shall make a preliminary investigation
of pertinent information about the applicant and the court clerk shall
assist the sheriff in locating pertinent information in court records
for this purpose. If no pertinent information is found to exist either
for or against the applicant, the sheriff shall so indicate in the
report;
10. The Oklahoma State Bureau of Investigation, upon receipt of the
application and required information from the sheriff, shall forward
one full set of fingerprints of the applicant to the Federal Bureau of
Investigation for a national criminal history records search. The cost
of processing the fingerprints nationally shall be paid from the
processing fee collected by the Oklahoma State Bureau of
Investigation;
11. The Oklahoma State Bureau of Investigation shall make a reasonable
effort to investigate the information submitted by the applicant and
the sheriff, to ascertain whether or not the issuance of a handgun
license would be in violation of the provisions of the Oklahoma
Self-Defense Act. The Bureau's investigation of an applicant shall
include, but shall not be limited to: a statewide criminal history
records search, a national criminal history records search, a Federal
Bureau of Investigation fingerprint search, and if applicable, an
investigation of medical records or other records or information
deemed by the Bureau to be relevant to the application.
a. In the course of the Bureau's investigation, it shall present the
name of the applicant along with any known aliases, the address of the
applicant and the social security number of the applicant to the
Department of Mental Health and Substance Abuse Services. The
Department of Mental Health and Substance Abuse Services shall respond
within ten (10) days of receiving such information to the Bureau as
follows:
(1) with a "Yes" answer, if the Department's records indicate that the
person was involuntarily committed to a mental institution in
Oklahoma, or
(2) with a "No" answer, if there are no records indicating the name of
the person as a person involuntarily committed to a mental institution
in Oklahoma, or
(3) with an "Inconclusive" answer if the Department's records suggest
the applicant may be a formerly committed person. In the case of an
inconclusive answer, the Bureau shall ask the applicant whether he or
she was involuntarily committed. If the applicant states under penalty
of perjury that he or she has not been involuntarily committed, the
Bureau shall continue processing the application for a license.
b. In the course of the Bureau's investigation, it shall check the
name of any applicant who is twenty-eight (28) years of age or younger
along with any known aliases, the address of the applicant and the
social security number of the applicant against the records in the
JOLTS System of the Office of Juvenile Affairs. The Office of Juvenile
Affairs shall provide the Bureau direct access to check the applicant
against the records available on the JOLTS System.
(1) If the Bureau finds a record on the JOLTS System that indicates
the person was adjudicated a delinquent for an offense that would
constitute a felony offense if committed by an adult within the last
ten (10) years the Bureau shall deny the license.
(2) If the Bureau finds no record on the JOLTS System indicating the
named person was adjudicated delinquent for an offense that would
constitute a felony offense if committed by an adult within the last
ten (10) years, or
(3) If the records suggest the applicant may have been adjudicated
delinquent for an offense that would constitute a felony offense if
committed by an adult but such record is inconclusive, the Bureau
shall ask the applicant whether he or she was adjudicated a delinquent
for an offense that would constitute a felony offense if committed by
an adult within the last ten (10) years. If the applicant states under
penalty of perjury that he or she was not adjudicated a delinquent
within ten (10) years, the Bureau shall continue processing the
application for a license;
12. The Oklahoma State Bureau of Investigation shall either issue a
concealed handgun license or deny the application within ninety (90)
days of the date of receipt of the required information from the
sheriff. The Bureau shall approve an applicant who appears to be in
full compliance with the provisions of the Oklahoma Self-Defense Act,
if completion of the federal fingerprint search is the only reason for
delay of the issuance of the handgun license to that applicant. Upon
receipt of the federal fingerprint search information, if the Bureau
receives information which precludes the person from having a
concealed handgun license, the Bureau shall revoke the concealed
handgun license previously issued to the applicant. The Bureau shall
deny a license when the applicant fails to properly complete the
application form or application process or is determined not to be
eligible as specified by the provisions of Section 1290.9, 1290.10 or
1290.11 of this title. The Bureau shall approve an application in all
other cases. If an application is denied, the Bureau shall notify the
applicant in writing of its decision. The notification shall state the
grounds for the denial and inform the applicant of the right to an
appeal as may be provided by the provisions of the Administrative
Procedures Act. Any administrative hearing on a denial which may be
provided shall be conducted by a hearing examiner appointed by the
Bureau. The hearing examiner's decision shall be a final decision
appealable to a district court in accordance with the Administrative
Procedures Act. When an application is approved, the Bureau shall
issue the license and mail it to the sheriff of the county wherein the
applicant resides. The applicant may pick up the concealed handgun
license from the sheriff's office.
B. Nothing contained in any provision of the Oklahoma Self-Defense Act
shall be construed to require or authorize the registration,
documentation or providing of serial numbers with regard to any
firearm. For purposes of the Oklahoma Self-Defense Act, the sheriff
may designate a person to receive, fingerprint, photograph or
otherwise process applications for concealed handgun licenses.
[Previous] [Next]